When a student with special needs or a disability attends public school in California, the school district must provide a free and appropriate public education (FAPE). Individualized Education Programs (IEPs) are integral components of FAPE. If concerned parents believe children are being denied IEPs or school officials are not accommodating a student’s needs in adherence to an IEP, it can spark serious legal arguments.
There is an ongoing legal battle in another state regarding a class action lawsuit a group of parents filed against a school district, stating that district officials have been violating special education laws for years. The case was recently dismissed for procedural reasons. However, the plaintiffs filed an appeal.
Do districts throughout the state have a history of violating special education laws?
Several parents have stated that schools throughout the state (Virginia) have consistently ruled against parents who have challenged the system in recent years, raising concerns that, perhaps, there is a bias against parents who question the actions of school officials regarding special education laws. Only a small percentage of parents have had favorable outcomes in court.
The parents say they will continue to fight for their children’s rights, protected under special education laws. Any California parent or guardian experiencing similar legal problems may wish to consult with an attorney who is well-versed in civil rights and education law. Every student who meets eligibility requirements is entitled to special needs support that helps him or her achieve full potential in an academic setting.